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Category Archives: False Claims

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How the Substantial Increase in False Claims Act Penalties Affects the Litigation Landscape

Posted in False Claims
Effective August 1, the penalty range for violations under the civil False Claims Act nearly doubled, pursuant to a Department of Justice interim final rule published on June 30th.  In a “Feature Comment” published in The Government Contractor, C&M attorneys analyze how the dramatic increase in FCA penalties impacts the landscape of litigation.  The article… Continue Reading

Supreme Court Recognizes Implied Certification Theory of FCA Liability

Posted in False Claims
In a decision that will impact Government contractors, health care providers and all institutions that accept federal dollars, the U.S. Supreme Court this past week offered a qualified affirmation of the validity of the implied certification theory of False Claims Act liability. In Universal Health Servs. v. U.S. ex rel. Escobar, the Court unanimously held… Continue Reading

Rethinking Government Contracts Crisis Management: Do Your Mandatory Disclosures (or Lack Thereof) Increase Enforcement Crisis Risk?

Posted in False Claims
To disclose or not to disclose-that is not the only question. The Mandatory Disclosure Rule can be challenging for government contractors to work with, and common methods of analyzing disclosure obligations cause contractors to miss potentially significant risks to their enterprise. The requirement to timely disclose credible evidence of a Federal criminal law involving fraud,… Continue Reading

FCA Back Before the Supreme Court for Third Consecutive Term

Posted in False Claims, Legal Developments
For the third consecutive term, the Supreme Court will hear a case involving the False Claims Act (FCA).  On May 31, the Court granted review in State Farm Fire and Cas. Co. v. U.S. ex rel. Rigsby to address the applicable standard for dismissal in FCA cases when whistleblowers (referred to as relators under the… Continue Reading

DoD And NASA Again Seek Changes to the Program Fraud Civil Remedies Act

Posted in False Claims, Legal Developments
In this year’s set of legislative proposals forwarded to Capitol Hill, DoD and NASA have again requested changes to the Program Fraud Civil Remedies Act (“PFCRA”) to create, in the government’s view, a more viable administrative remedy for fraud and false claims totaling less than $500,000.  The administrative process would proceed similarly to the suspension… Continue Reading

VIDEO: FCA Litigation — Determining Damages, Whistleblower Employees, and Tricky Issues

Posted in False Claims
Partner Mark Troy, in this three-part video series, provides an overview of the trends in False Claims Act litigation that are likely to affect companies in the coming year, including the proper measure of damages and how to deal with whistleblower employees and enforce contractual releases. All three videos are embedded below for viewing. For… Continue Reading

Crowell & Moring Launches Whistleblower Watch Blog

Posted in False Claims
Earlier this year, Crowell & Moring assembled an interdisciplinary team of attorneys to begin reporting on legal developments regarding whistleblowers. The result is the Whistleblower Watch blog (whistleblowerwatch.com), on which more than 15 contributing authors post about everything from the False Claims Act to Sarbanes-Oxley to the SEC. They monitor legislation and case law at… Continue Reading

Join Us for a False Claims Act Webinar

Posted in False Claims
On Tuesday, July 1st from 1-2 pm, Bob Rhoad will join Bates White as moderator on a panel entitled “False Claims Act: Seeking Clarity on Damages and Penalties.” The discussion will center around the more prominent issues where the measurement of FCA damages and penalties remains a matter of close scrutiny, including: The landscape of… Continue Reading

Negotiating False Claims Act Settlements

Posted in False Claims
A prominent FCA practitioner observed twenty years ago that while FCA settlements were common, it was impossible to find a standard settlement agreement, if there was such a thing, or a DOJ policy on point.¹ His words ring true today. While the FCA has become the Government’s principal anti-fraud weapon, little has been written about the… Continue Reading

Ten FCA Decisions from 2013 That Contractors Need to Know

Posted in False Claims
In “Ten FCA Decisions From 2013 That Government Contractors Need To Know,” a feature comment published in The Government Contractor, C&M attorneys Andy Liu, Jonathan Cone, and Olivia Lynch count down 10 FCA decisions from last year that they predict will have the most significant legal and practical impact on government contractors. Read how the… Continue Reading

Solicitor General Addresses Standard for Rule 9(b) in FCA Cases, Asks Supreme Court Not to

Posted in False Claims
The government has reiterated in no uncertain terms its proposed standard for particularity under the FCA: “a qui tam complaint satisfie[s] Rule 9(b) if it contains detailed allegations supporting a plausible inference that false claims were submitted to the government, even if the complaint does not identify specific requests for payment.”  Brief for United States… Continue Reading

The Growing Split Over Whether the FCA’s Public Disclosure Bar is Still a Jurisdictional Limitation

Posted in False Claims
In March, we published an article entitled “New Questions Regarding The Jurisdictionality Of The FCA’s Public Disclosure Bar: Potential Hurdles And Increased Costs In Defending Against Parasitic Qui Tam Actions,” The Government Contractor, Vol. 55, No. 12 (Mar. 27, 2013). We explored whether, given the 2010 amendments to the civil False Claims Act (FCA) under… Continue Reading

False Claims Act Developments at Crowell & Moring’s 29th Annual Ounce of Prevention Seminar

Posted in False Claims
On May 15-16, 2013, Crowell & Moring is hosting its annual Ounce of Prevention Seminar (OOPS). This year’s program, entitled Weathering the Rough Seas of Regulation, will once again provide the government contract community with a comprehensive review of the latest developments in federal contracting. In the morning session on May 16, attorneys Andy Liu, Robert… Continue Reading

Fourth Circuit Finds that Wartime Suspension of Limitations Act Tolls Statute of Limitations for Qui Tam Relators Even When the Government Does Not Intervene

Posted in False Claims
Last week, the Fourth Circuit issued a decision that exposes government contractors to False Claims Act lawsuits based on allegations which were previously considered untimely and which had already been the subject of prior qui tam action.  In U.S. ex rel. Carter v. Halliburton Co. (Mar. 18, 2013), the panel held that the Wartime Suspension… Continue Reading

Ninth Circuit Reinstates FCA Complaint Even Though It Fails To Allege Actual False Claims

Posted in False Claims
Complaints alleging violations of the False Claims Act (“FCA”) must satisfy Federal Rule of Civil Procedure 9(b), which requires the government or qui tam relator to “state with particularity the circumstances constituting fraud.” In order to ferret out fishing expeditions, many courts have held that Rule 9(b) requires plaintiffs to allege the who, what, when,… Continue Reading

C&M Lawyers Conduct Live Webinar on the New Whistleblower Protections Under the National Defense Authorization Act (FY 2013)

Posted in False Claims
At 2:00 p.m. EST on February 27, 2013, Crowell & Moring Attorneys Peter Eyre, Andy Liu, Rebecca Springer, and Jason Lynch will conduct a webinar on the implications of the FY2013 NDAA’s new whistleblower protections for government contractors. The webinar will offer analysis of the expanded protections, define and discuss “retaliation” as defined under the… Continue Reading